ESA Claim start date and who can I complain to ab?

Hi Tilly

Did you send your GL/24 appeal form within a month of the decision in 2009 that you didn't qualify for ESA?

Derek

I did a late appeal, which was accepted as a valid late appeal. They fully accepted this and then sent me forms to complete for appeal submission, which I did.

I do think the closing down of my claim in Jan 2010 seems to be causing the problems, as they have told me a few times it means all calculations have to be done manually because of it..... but I am still baffled that the appeal team callback they did to me in July ssaid I won appeal (due to them not being provided with documentation by DWP/Atos - it had been lost, so found in my favour)... they said the only reason I got no letter was as the ESA team needed to open case again as closed by ESA in Jan after decision! I chased and chased, as no funds were paid... then got letter saying £63/£65 being paid, then queried this as not level expected if won appeal... to be told that they just lapsed appeal and I had not won it and as documentation missing, they wanted medical again. I lodged query to ensure that the back pay if win medical will be to claim start (Summer 2009) and that is what is worrying me now - that the last call said may be from Jan2010 and she could not tell me. She was quite terse and said I will find out If I win after medical. Other people on the same helpline said to me that I had won the appeal and should be getting backdated over £90, dated back to Summer 2009.... but it all seems to vary.

I am a bit baffled by it all, as I am not familiar with teh process at all of any claim for anything. I have never claimed before Summer 2009. I have worked all my life never claiming anything.

Who can you complain to about the ESA teams - as I have made calls to get answers (many do not do the 3 hour call back - they never called back or one hour on a chase up even never call back) ..... the letters I have written after no call backs, just to try and understand what is and will happen....

Hi Tilly

I would strongly urge you to get a welfare rights advisor to handle your claim.

There is something very strange about being called and told that you won your appeal (which presumably means that the DWP amended their decision), but not have it confirmed in writing. I doubt it would be official if not confirmed in writing.

they said the only reason I got no letter was as the ESA team needed to open case again as closed by ESA in Jan after decision!

I can only have a complete guess at what this means. It sounds like it may be an internal error on their part (closing your case) and not a valid excuse for not sending your letter.

Please try to get face-to-face advice, you can use the link in my previous post.

Best wishes

Derek